Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 9, 2025
CASE NO.: OLT-24-001069
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the designation and zoning of the Subject Lands for residential development with a townhouse block.
Reference Number: OP-01-24
Property Address: 501 Shellard Lane
Municipality: Brantford
OLT Case No.: OLT-24-001069
OLT Lead Case No.: OLT-24-001069
OLT Case Name: Losani Homes (1998) Ltd. v. Brantford (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the designation and zoning of the Subject Lands for residential development with a townhouse block.
Reference Number: PZ-13-24
Property Address: 501 Shellard Lane
Municipality: Brantford
OLT Case No.: OLT-24-001070
OLT Lead Case No.: OLT-24-001069
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the designation and zoning of the Subject Lands for residential development with a townhouse block.
Reference Number: 29T-16502
Property Address: 501 Shellard Lane
Municipality: Brantford
OLT Case No.: OLT-24-001071
OLT Lead Case No.: OLT-24-001069
BEFORE:
STEVEN T. MASTORAS
Wednesday, the 9th
MEMBER
day of July, 2025
THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a Case Management Conference on January 23, 2025;
AND THE TRIBUNAL having issued the Procedural Order on February 12, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on Monday, November 24, 2025, for 10-days;
AND THE TRIBUNAL having directed the Parties to provide the Issues List on or before February 28, 2025, on consent, as part of the final Procedural Order, which was delayed at the request of the Parties in early March 2025, and which was ultimately submitted on June 26, 2025;
AND THE TRIBUNAL having extended the deadline associated with the Witness List to June 16, 2025;
THE TRIBUNAL ORDERS that the Issues List from the Procedural Order are amended:
Note 1: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is relevant, appropriate, or within the Tribunal’s jurisdiction. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet but shall not preclude any other party from calling evidence on the issue.
Note 2: The purpose of Phase 1 of the hearing is to determine whether a portion of the subject lands are appropriately designated Core Natural Area in the City’s Official Plan and Zoning By-law. Phase 1 will determine whether any portion of the lands currently designated Core Natural Area should be designated Residential, and if so the extent to which the subject lands should be designated Residential in both the City’s Official Plan and Zoning By-law. In order to assess this issue, which will be detailed through the Issues List, both parties anticipate calling witnesses to give expert evidence in the following disciplines: hydrology, ecology, land use planning, and engineering.
Does the development proposal have sufficient regard for the matters of provincial interest set out in Section 2 of the Planning Act? In particular sections 2(a), (d), (e), (f), (h), (m), (n), (o), (p), and (s)?
Do the subject lands contain a locally significant natural heritage feature? If so, should any portion of it be removed?
Is the development proposal consistent with the Provincial Planning Statement, 2024? In particular sections 2.9.1(b, d and e), 3.6.8, 3.9.1(a, b and d), 4.1.1, 4.1.2, 4.1.3, 4.1.4(a), 4.1.5(d-e), 4.1.8 and 4.2?
Does the development proposal conform to the City’s Official Plan? in particular sections 2.2, 3.5(a), 3.5(b), 3.5(c)(iii – vi), 3.5(n & p), 4.2(a)(ii), 5.1(b), 5.1(d)(i), 5.1(d)(vii), 5.1(e)(i), 5.1(k), 5.2.1(j), 5.2.3, 5.6(a), 5.6(b), 5.6.1(a, b, c, d, f, g, h, i, j, n, and o), 5.6.2(a-i) and 8.1(b)?
Will the development proposal have any negative impacts on rare, protected or endangered species? If so, can these impacts be appropriately mitigated?
Does the development application represent “good planning”?
In all other respects the Procedural Order remains the same.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.